Selling my share of property
NAVEED BURNEY
(Querist) 03 June 2013
This query is : Resolved
Our ancestral property has devolved to the surviving children, 2 brothers and three sisters. I am the son who would like to sell or develop residential units on his part of the property . The exixting property is half an acre of land with a house on it.
Am I entitled to sell it or only sell if everyone else wants to?
I am a Muslim. How much am I entitled from the total property under sharia ,considering I have one brother and two sisters?
The questions then:
How much property I am entitled to?
Can I sell if others do not want to?
Nadeem Qureshi
(Expert) 03 June 2013
Dear Naveed
You can sell you share of the property without any interference by others, 1/5 share of the property
Anirudh
(Expert) 03 June 2013
One time you say that you are two brothers and three sisters.
At another place you say that I have one brother and two sisters.
Which one is correct?
You have not indicated whether your father / mother are alive or not.
Raj Kumar Makkad
(Expert) 04 June 2013
You have posted that the property has devolved to surviving children which is sufficient to conclude that your parents are no more but the moot question still stands. Which one of your statement is true about your brothers?
NAVEED BURNEY
(Querist) 05 June 2013
The total number of brothers and sisters is 5. 2 males and 3 females. That means I have one brother and three sisters.
If this info will help:
I am living in Canada and I am an NRI as are all the siblings.
Property is in Hyderabad with clear title and no encumbrances.
There is an old house in the middle of the property.
Anirudh
(Expert) 05 June 2013
Dear Naveed,
In the whole property, you have 2/7th share, your brother 2/7 share and each of your sisters 1/7 share.
The property needs to be first got partitioned in metes and bounds amongst all of you. Only then you would come to know which portion belongs to you. Thus, after coming to know your demarcated area, you can sell the same. Not before that.
NAVEED BURNEY
(Querist) 05 June 2013
Thank you everyone for responding to my query.
I am extremely impressed by the prompt replies and I highly commend all of you for helping me. I will be needing the services of a lawyer in the area of property law when I come to Hyderabad this coming July 2013. If anyone is interested in taking me as a client pl. email me. Thanks
ajay sethi
(Expert) 05 June 2013
search in LCI data base for lawyers in hyderabad
